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HomeMy WebLinkAboutZ-6688 Staff AnalysisJune 28, 1999 Item No.: 7 File No.: Z-6688 Owner: Dr. Joe Crow Address: 5230.Sherwood Road Description: Lot 75, Prospect Terrace Addition Zoned: R-2 Variance Requested: A variance is requested from the area regulations of Section 36-254 to permit an addition with reduced side and rear yard setbacks. Justification: Applicant's Statement: The two- story house as it exists does not have a bedroom, full bath, or laundry area on the first floor. The Crows have realized that as they grow older they will no longer be able to manage the stairs to reach the second floor. This has already become a problem in that Mrs. Crow's mother, who is unable to climb the stairs, cannot stay with them. The Crows are very satisfied with the rest of the house as well as the neighborhood and wish to remain in the house. The proposed solution is to build a new bedroom, bath, and laundry area on the first floor. But, due to lot dimensions, and the configuration of the existing house and garage, setbacks must be varied to accomplish this. Present Use of Property: Single Family Proposed Use of Property: Single Family June 28, 1999 Item No.: 7 (Cont. Staff Report: A. Public Works Issues: Proposed addition encroaches on easement. B. Staff Analysis: The R-2 zoned property located at 5230 Sherwood Road is occupied by a 2 story, rock, brick and frame, single-family residence. A large, frame accessory building occupies much of the rear yard. The applicants propose to construct an addition containing a bedroom, bathroom and laundry area onto the rear of the house. The addition will tie onto and partially replace the existing accessory building. Since the two buildings will be joined into one, the setback requirements change. The former accessory building now becomes part of the principal structure and should meet the setback requirements for principal structures. The rear yard setback requirement for principal structures in the R-2 district is 25 feet. The existing setback for the accessory structure, which also is the rear yard setback proposed for the new addition, is 5 feet. The proposed addition will have a side yard setback of 3 feet. The Code requires a side yard of 7.5 feet for this lot. Staff is supportive of the requested variances. The impact of the reduced rear yard is minimal since the proposed addition is virtually replacing an existing structure. The new addition will come no closer to the rear property line than the accessory building currently does. The minor increase in area within the required rear yard should create no greater impact on the property to the rear. The property to the rear is a vacant lot, forming part of the yard of the residence located at the corner of Edgewood and Harrison Street. There are no structures in the portion of the yard nearest the construction proposed by the applicant. The reduced side yard setback is somewhat a different issue since it proposes to introduce a new structure into an area previously uncovered by a building. The proposed side yard setback of 3 feet is substantially less than the 7.5 feet required by code but is not so much less as to negatively impact the adjacent property. Where the reduced setback is proposed is adjacent to the rear yard area of the neighboring property. The 3 foot setback provides for F June 28, 1999 Item No.: 7 (Cont. minimal work area and allows for guttering to address any potential water run-off. The existing accessory building and a portion of the proposed expansion are located over an easement along the rear portion of the property. Specific written approval must be received from the five Public Utility companies and the Public Works department, allowing for the encroachment into the easement. C. Staff Recommendation: Staff recommends approval of the requested setback variances subject to compliance with the following conditions: 1. The proposed addition is to be limited to one-story in height. 2. Guttering or another approved device must be placed on the structure to prevent water run-off onto the adjacent properties. 3. Specific written approval must be received from the five Public Utility Companies and from the Public Works Department, allowing the encroachment into the easement. These approvals are to be made a part of the zoning case file prior to the issuance of a building permit. BOARD OF ADJUSTMENT: (JUNE 28, 1999) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Staff informed the Board that the applicant had submitted a revised site plan, which proposed no new construction in the rear easement, only remodeling of a portion of the existing structure which currently encroaches into the easement. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 4 ayes, 0 noes and 1 absent. 3